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Standard of Review and Burden of Proof in WTO Jurisprudence*

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This paper analyses the law on the standard of review and burden of proof in the trade disputes before the WTO Panel and Appellate Body Proceedings. The approach adopts a case-law analysis for a practical insight into the various issues that concern here. The paper structures its arguments on the de novo and the total deference approach and then proceeds to analyze the standard of review for a trade remedy case, expert testimony and in cases involving evaluation of scientific evidence. Further, the paper analyses the burden of proof mechanism employed in the adjudicatory proceedings.

Affiliations: 1: Managing Partner, Hariharan and Hariharan Law Offices 1-1-336/35, Viveknagar, Chikkadpally, Hyderabad-500 020, India,


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